McManus, Graham George Clive v Scott-Charlton, Robin [1996] FCA 904

CATCHWORDS PUBLIC SERVICE - Duties and Offences in relation to Office - allegations of harassment - prevention of sex harassment a legitimate interest of employer - relevance of Sex Discrimination legislation - applicant inter alia made phone calls to co-employee after hours - direction by supervisor not to contact co-employee outside the requirements of official duties - whether direction lawful and reasonable - Public Service Regulations 8A - whether conduct engaged in otherwise than at work can be of legitimate interest to employer - harassment was a consequence of relationship as co-employees - conduct had significant adverse effects in the workplace - continuing workplace proximity gave rise to apprehension of continuing harassment - employer's legitimate interest accepted - reasonableness of direction - whether the direction was proportionate. Public Service Act 1922 (Cth): s6; s56 Sex Discrimination Act 1984 (Cth): s28A(1); s28B(2); s106(1); s106(2) Public Service Regulations (Cth), 8A Australian Telecommunications Commission v Hart (1982) 43 ALR 165 Australian Tramway Employees' Association v Brisbane Tramways Co Ltd (1912) 6 CAR 35 Bartlett v Shoe and Leather Record [1960] CLY 1151 Bayley v Osborne (1984) 4 FCR 141 Hivac Ltd v Park Royal Scientific Instruments Ltd [1946] Ch 169 Minister for Resources v Dover Fisheries Pty Ltd (1993) 43 FCR 565 Nelson v Nelson (1995) 132 ALR 133 R v Darling Island Stevedoring and Lighterage Co Ltd; Ex parte Halliday and Sullivan (1938) 60 CLR 601 R v Railways Appeal Board; Ex parte Haran [1969] WAR 13 Re Greenleaf Fertilisers Ltd, Industrial Commission (NSW), 28 June, No 198 of 1978, per Liddy J Schilling v Kidd Garrett Ltd [1977] 1 NZLR 243 Secretary of State for Employment v Associated Society of Locomotive Engineers and Firemen (No 2) [1972] 2 QB 455 State of New South Wales v Macquarie Bank Ltd (1992) 30 NSWLR 307 PUBLIC SERVICE- Employees and Servants of the Crown - constitutional significance and distinctive character of Executive/public servant employment relationship - impact of statutory basis for public employment - nature of employment - significance of obligation to act in the public interest - whether a disciplinary direction beyond scope of contract of service and subject matter of employment lawful. Act No 160 of 1862 (Vic) and Civil Service Regulations 1867 (Vic), reg 9